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If the vacation fell on the New Year holidays of 2020, then the question rightly arises, how could such a schedule be approved in accounting at all? The fact is that according to Art. 120 of the Labor Code of the Russian Federation holidays are not included in paid vacation. And no matter what it is, primary or secondary. Accordingly, the employee expects an increase in the weekend legally due to the transfer of vacation days to nearby, later dates.
Duration of holidays in 2020
According to the provisions of Article 112 of the Labor Code of the Russian Federation during the New Year holidays officially includes the following non-working days:
- from January 1, 2, 3, 4, 5, 6 and 8 - the official New Year holidays;
- January 7 - Christmas.
Depending on the subject of the Russian Federation, other additional days off, for example, religious non-working days, may be appointed. This dispositive norm is indicated in paragraph 7 of Art. 4 Federal Law No. 125 of September 26, 1997
In accordance with the approved production calendar, the New Year celebrations in 2020 will last from the 1st to the 8th day - exactly the same as in the past 2019.
December 31, 2019 - Tuesday, the holiday day when the time spent in the service of the working population of Russia is officially reduced by exactly 1 hour. After long walks, citizens will have to work a couple of days, after which they will again be able to take a “time out”: the 11th and 12th are on Saturday and Sunday, which is very helpful.
Note! Since 4.01. and 5.01. fall on Saturday and Sunday, then these days will be postponed to March 1 and May 4. That is why, in the spring, citizens, as has been observed for more than one year, will have an additional weekend.
What days count on vacation
If vacation in 2020 falls on New Year's holidays, then every day that falls in the date range from January 01 to January 8 will be transferred to later working dates. According to Art. 120 of the Labor Code, weekends are included in holidays and are paid on a par with weekdays. In Art. 112 of the Labor Code of the Russian Federation makes a reservation: if the day off and public holiday coincide, then the next business day is considered non-working. At the same time, the employee will not need to fill out documents and statements in the personnel department in order to confirm his right to reschedule non-working days: he can safely stay at home for as long as is required by law.
Example. The manager of the product category Ivanov I.A. the vacation is approved by the Director’s Order, and according to the schedule it is from 06 to 19.01.2020. If you look at the production calendar, you can see that January 6, 7 and 8 are holidays. Accordingly, for Ivanov I.A. the vacation will last for 3 days: January 20, 21 and 22. In total, the manager will rest from January 9 to January 23, and the rest of the day will go on account of the New Year holidays.
Many people have a misunderstanding regarding this calculation. For example, they are interested in what to do if a vacation in 2020 fell not only on New Year's holidays, but also on weekends, which are included on vacation days, and how they will be paid. For example, the 11th and 12th are Saturday and Sunday, which fell on a public holiday. In this case, we can only say that the legislator did not provide a distinction for the concept of "holiday" and "day off" in order to avoid errors in the calculations. If the vacation falls on 4.5.11 or 12, then the person will be extended for these days, and that’s all.
Calculation of average earnings, taking into account vacation pay
According to Art. 139 of the Labor Code of the Russian Federation and clause 2 of PP No. 922 of December 24, 2007, vacation payments are calculated based on the average salary of an employee. Is it necessary to exclude vacation days when calculating earnings? Pp “A” paragraph 5 of PP No. 922 states that vacation days - i.e. the time when the average salary is paid to the employee is not included in the billing period. Non-working days and holidays are taken into account.
With piecework pay
In Art. 112 of the Labor Code of the Russian Federation indicates that piecework employees are entitled to surcharges for work on non-working holidays, which are approved by each organization on the basis of a collective agreement or other local act drawn up in accordance with the requirements for official documents. Subsequently, when determining the average earnings, according to paragraphs. "O" p.2 of PP No. 92, such remuneration by the accountant will be taken into account.
No pay
If an employee in his application addressed to the employer indicated a specific time period, even if it is on non-working days and holidays, then there will be no transfer. It is believed that this situation is excluded, as it is irrational and at least illogical. The same applies to the situation when the employee indicated only the date and period of absence from the workplace on any legal basis. In the latter case, the accountant will count the number of days from the moment of his failure to appear for work for valid reasons on his own. At the same time, the whole day without content in the record card — forms N T-12 and N T-13 from PP No. 1 of January 05, 2004 — will be designated with a special code “28” or a combination of letters “NV”. And all the formalities will be successfully followed.
Read also:
- 2020 Production Calendar
- How to relax in May 2020: weekends and holidays in Russia
- January 2020 in Russia: calendar, holidays, weekends
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